2012 US Code
Title 22 - Foreign Relations and Intercourse
Chapter 77 - UNITED STATES-CHINA RELATIONS (§§ 6901 - 7002)
Subchapter I - GENERAL PROVISIONS (§§ 6901 - 6903)
Section 6901 - Findings
Publication Title | United States Code, 2012 Edition, Title 22 - FOREIGN RELATIONS AND INTERCOURSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 22 - FOREIGN RELATIONS AND INTERCOURSE CHAPTER 77 - UNITED STATES-CHINA RELATIONS SUBCHAPTER I - GENERAL PROVISIONS Sec. 6901 - Findings |
Contains | section 6901 |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Short Titles | United States-China Economic and Security Review Commission.</p> U.S.-China Relations Act of 2000.</p> |
Source Credit | Pub. L. 106-286, div. B, title II, §202, Oct. 10, 2000, 114 Stat. 892. |
Statutes at Large References | 114 Stat. 892, 891, 3040 116 Stat. 1396, 2666 117 Stat. 552 |
Public Law References | Public Law 106-286, Public Law 106-570, Public Law 107-228, Public Law 107-314, Public Law 108-7, Public Law 108-458 |
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The Congress finds the following:
(1) In 1980, the United States opened trade relations with the People's Republic of China by entering into a bilateral trade agreement, which was approved by joint resolution enacted pursuant to section 2435(c) of title 19.
(2) Since 1980, the President has consistently extended nondiscriminatory treatment to products of the People's Republic of China, pursuant to his authority under section 2434 of title 19.
(3) Since 1980, the United States has entered into several additional trade-related agreements with the People's Republic of China, including a memorandum of understanding on market access in 1992, two agreements on intellectual property rights protection in 1992 and 1995, and an agreement on agricultural cooperation in 1999.
(4) Trade in goods between the People's Republic of China and the United States totaled almost $95,000,000,000 in 1999, compared with approximately $18,000,000,000 in 1989, representing growth of approximately 428 percent over 10 years.
(5) The United States merchandise trade deficit with the People's Republic of China has grown from approximately $6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth of over 1,000 percent.
(6) The People's Republic of China currently restricts imports through relatively high tariffs and nontariff barriers, including import licensing, technology transfer, and local content requirements.
(7) United States businesses attempting to sell goods to markets in the People's Republic of China have complained of uneven application of tariffs, customs procedures, and other laws, rules, and administrative measures affecting their ability to sell their products in the Chinese market.
(8) On November 15, 1999, the United States and the People's Republic of China concluded a bilateral agreement concerning terms of the People's Republic of China's eventual accession to the World Trade Organization.
(9) The commitments that the People's Republic of China made in its November 15, 1999, agreement with the United States promise to eliminate or greatly reduce the principal barriers to trade with and investment in the People's Republic of China, if those commitments are effectively complied with and enforced.
(10) The record of the People's Republic of China in implementing trade-related commitments has been mixed. While the People's Republic of China has generally met the requirements of the 1992 market access memorandum of understanding and the 1992 and 1995 agreements on intellectual property rights protection, other measures remain in place or have been put into place which tend to diminish the benefit to United States businesses, farmers, and workers from the People's Republic of China's implementation of those earlier commitments. Notably, administration of tariff-rate quotas and other trade-related laws remains opaque, new local content requirements have proliferated, restrictions on importation of animal and plant products are not always supported by sound science, and licensing requirements for importation and distribution of goods remain common. Finally, the Government of the People's Republic of China has failed to cooperate with the United States Customs Service in implementing a 1992 memorandum of understanding prohibiting trade in products made by prison labor.
(11) The human rights record of the People's Republic of China is a matter of very serious concern to the Congress. The Congress notes that the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China finds that “[t]he Government's poor human rights record deteriorated markedly throughout the year, as the Government intensified efforts to suppress dissent, particularly organized dissent.”.
(12) The Congress deplores violations by the Government of the People's Republic of China of human rights, religious freedoms, and worker rights that are referred to in the Department of State's 1999 Country Reports on Human Rights Practices for the People's Republic of China, including the banning of the Falun Gong spiritual movement, denial in many cases, particularly politically sensitive ones, of effective representation by counsel and public trials, extrajudicial killings and torture, forced abortion and sterilization, restriction of access to Tibet and Xinjiang, perpetuation of “reeducation through labor”, denial of the right of workers to organize labor unions or bargain collectively with their employers, and failure to implement a 1992 memorandum of understanding prohibiting trade in products made by prison labor.
(Pub. L. 106–286, div. B, title II, §202, Oct. 10, 2000, 114 Stat. 892.)
Short Title of 2003 AmendmentPub. L. 108–7, div. P, §1, Feb. 20, 2003, 117 Stat. 552, provided that: “This division [amending section 7002 of this title and enacting provisions set out as notes under section 7002 of this title] may be cited as the ‘United States-China Economic and Security Review Commission’.”
Short TitlePub. L. 106–286, div. B, title II, §201(a), Oct. 10, 2000, 114 Stat. 891, provided that: “This division [enacting this chapter] may be cited as the ‘U.S.-China Relations Act of 2000’.”
Transfer of FunctionsFor transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Monitoring of Implementation of 1979 Agreement Between the United States and China on Cooperation in Science and TechnologyPub. L. 107–314, div. A, title XII, §1207, Dec. 2, 2002, 116 Stat. 2666, provided that:
“(a)
“(1) monitor the implementation of the Agreement specified in subsection (c);
“(2) keep a systematic account of the protocols to the Agreement;
“(3) coordinate the activities of all agencies of the United States Government that carry out cooperative activities under the Agreement; and
“(4) ensure that all activities conducted under the Agreement comply with applicable laws and regulations concerning the transfer of militarily sensitive technologies and dual-use technologies.
“(b)
“(c)
“(d)
“(2) Each report under this subsection shall provide an evaluation of the benefits of the Agreement to the economy, to the military, and to the industrial base of the People's Republic of China and shall include the following:
“(A) An accounting of all activities conducted under the Agreement since the previous report (or, in the case of the first report, since the Agreement was entered into) and a projection of activities to be undertaken under the Agreement during the next two years.
“(B) An estimate of the costs to the United States to administer the Agreement during the period covered by the report.
“(C) An assessment of how the Agreement has influenced the foreign and domestic policies of the People's Republic of China and the policy of the People's Republic of China toward scientific and technological cooperation with the United States.
“(D) An analysis by the Director of Central Intelligence of the involvement of military specialists, weapons specialists, and intelligence specialists of the People's Republic of China in the activities of the Joint Commission established under the Agreement and in other activities conducted under the Agreement.
“(E) A determination by the Secretary of Defense, developed with the assistance of the Director of Central Intelligence, of the extent to which the activities conducted under the Agreement have enhanced the military and defense industrial base of the People's Republic of China, and an assessment of the effect that projected activities under the Agreement for the next two years, including the transfer of technology and know-how, could have on the economic and military capabilities of the People's Republic of China.
“(F) An assessment by the Inspector General of the Department of Commerce of—
“(i) the extent to which programs or activities carried out under the Agreement provide access to technology, information, or know-how that could enhance military capabilities of the People's Republic of China; and
“(ii) the extent to which those programs or activities are carried out in compliance with export control laws and regulations of the United States, especially those laws and regulations governing so-called ‘deemed exports’.
“(G) Any recommendations of the Secretary of State, Secretary of Defense, or Director of Central Intelligence for improving the monitoring of the activities of the Joint Commission established under the Agreement.
“(3) The Secretary of State shall prepare each report under this subsection in consultation with the Secretary of Defense, the Secretary of Energy, the Director of Central Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the National Science Foundation.
“(e)
“(1) Assisting the Secretary of State and other appropriate officials in setting standards under the Agreement for science and technology transfers between the United States and the People's Republic of China.
“(2) Monitoring ongoing programs and activities under the Agreement and recommending future programs and activities under the Agreement.
“(3) Developing a comprehensive database of all government-to-government programs and United States Government-funded programs under the Agreement.
“(4) Coordinating activities under the Agreement between United States Government agencies, including elements of the intelligence community, as appropriate.”
[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 401 of Title 50, War and National Defense.]
Tibetan PolicyPub. L. 107–228, div. A, title VI, subtitle B, Sept. 30, 2002, 116 Stat. 1396, provided that:
“SEC. 611. SHORT TITLE.“This subtitle may be cited as ‘Tibetan Policy Act of 2002’.
“SEC. 612. STATEMENT OF PURPOSE.“The purpose of this subtitle is to support the aspirations of the Tibetan people to safeguard their distinct identity.
“SEC. 613. TIBET NEGOTIATIONS.“(a)
“(1)
“(2)
“(b)
“(1) the steps taken by the President and the Secretary in accordance with subsection (a)(1); and
“(2) the status of any discussions between the People's Republic of China and the Dalai Lama or his representatives.
“SEC. 614. REPORTING ON TIBET.“Whenever a report is transmitted to Congress under section 116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151m [2151n], 2304) or under section 102(b) of the International Religious Freedom Act of 1998 (22 U.S.C. 6412(b)), Tibet shall be included in such report as a separate section.
“SEC. 615. CONGRESSIONAL-EXECUTIVE COMMISSION ON THE PEOPLE'S REPUBLIC OF CHINA.[Amended section 6912 of this title.]
“SEC. 616. ECONOMIC DEVELOPMENT IN TIBET.“(a)
“(b)
“(c)
“(d)
“(1) be implemented only after conducting a thorough assessment of the needs of the Tibetan people through field visits and interviews;
“(2) be preceded by cultural and environmental impact assessments;
“(3) foster self-sufficiency and self-reliance of Tibetans;
“(4) promote accountability of the development agencies to the Tibetan people and active participation of Tibetans in all project stages;
“(5) respect Tibetan culture, traditions, and the Tibetan knowledge and wisdom about their landscape and survival techniques;
“(6) be subject to on-site monitoring by the development agencies to ensure that the intended target group benefits;
“(7) be implemented by development agencies prepared to use Tibetan as the working language of the projects;
“(8) neither provide incentive for, nor facilitate the migration and settlement of, non-Tibetans into Tibet; and
“(9) neither provide incentive for, nor facilitate the transfer of ownership of, Tibetan land or natural resources to non-Tibetans.
“SEC. 617. RELEASE OF PRISONERS AND ACCESS TO PRISONS.“The President and the Secretary, in meetings with representatives of the Government of the People's Republic of China, should—
“(1) request the immediate and unconditional release of all those held prisoner for expressing their political or religious views in Tibet;
“(2) seek access for international humanitarian organizations to prisoners in Tibet to ensure that prisoners are not being mistreated and are receiving necessary medical care; and
“(3) seek the immediate medical parole of Tibetan prisoners known to be in serious ill health.
“SEC. 618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA, TIBET.“The Secretary should make best efforts to establish an office in Lhasa, Tibet, to monitor political, economic, and cultural developments in Tibet.
“SEC. 619. REQUIREMENT FOR TIBETAN LANGUAGE TRAINING.“The Secretary shall ensure that Tibetan language training is available to Foreign Service officers, and that every effort is made to ensure that a Tibetan-speaking Foreign Service officer is assigned to a United States post in the People's Republic of China responsible for monitoring developments in Tibet.
“SEC. 620. RELIGIOUS PERSECUTION IN TIBET.“(a)
“(1) meet with the 11th Panchen Lama, who was taken from his home on May 17, 1995, and otherwise ascertain information concerning his whereabouts and well-being; and
“(2) request that the Government of the People's Republic of China release the 11th Panchen Lama and allow him to pursue his religious studies without interference and according to tradition.
“(b)
“(a)
“(b)
“(c)
“(d)
“(1) coordinate United States Government policies, programs, and projects concerning Tibet;
“(2) vigorously promote the policy of seeking to protect the distinct religious, cultural, linguistic, and national identity of Tibet, and pressing for improved respect for human rights;
“(3) maintain close contact with religious, cultural, and political leaders of the Tibetan people, including regular travel to Tibetan areas of the People's Republic of China, and to Tibetan refugee settlements in India and Nepal;
“(4) consult with Congress on policies relevant to Tibet and the future and welfare of the Tibetan people;
“(5) make efforts to establish contacts in the foreign ministries of other countries to pursue a negotiated solution for Tibet; and
“(6) take all appropriate steps to ensure adequate resources, staff, and bureaucratic support to fulfill the duties and responsibilities of the Special Coordinator.”
[For definitions of “Secretary” and “appropriate congressional committees” as used in subtitle B of title VI of div. A of Pub. L. 107–228, set out above, see section 3 of Pub. L. 107–228, set out as a note under section 2651 of this title.]
[Functions of President under section 613(b) of Pub. L. 107–228, set out above, delegated to Secretary of State by section 1 of Ex. Ord. No. 13313, July 31, 2003, 68 F.R. 46073, set out as a note under section 301 of Title 3, The President.]
Policy of the United States With Respect to MacauPub. L. 106–570, title II, Dec. 27, 2000, 114 Stat. 3040, provided that:
“SEC. 201. SHORT TITLE.“This title may be cited as the ‘United States-Macau Policy Act of 2000’.
“SEC. 202. FINDINGS AND DECLARATIONS; SENSE OF CONGRESS.“(a)
“(1) The continued economic prosperity of Macau furthers United States interests in the People's Republic of China and Asia.
“(2) Support for democratization is a fundamental principle of United States foreign policy, and as such, that principle naturally applies to United States policy toward Macau.
“(3) The human rights of the people of Macau are of great importance to the United States and are directly relevant to United States interests in Macau.
“(4) A fully successful transition in the exercise of sovereignty over Macau must continue to safeguard human rights in and of themselves.
“(5) Human rights also serve as a basis for Macau's continued economic prosperity, and Congress takes note of Macau's adherence to the International Covenant on Civil and Political Rights and the International Convention on Economic, Social, and Cultural Rights.
“(b)
“(1) the United States should play an active role in maintaining Macau's confidence and prosperity, Macau's unique cultural heritage, and the mutually beneficial ties between the people of the United States and the people of Macau;
“(2) through its policies, the United States should contribute to Macau's ability to maintain a high degree of autonomy in matters other than defense and foreign affairs as promised by the People's Republic of China and the Republic of Portugal in the Joint Declaration, particularly with respect to such matters as trade, commerce, law enforcement, finance, monetary policy, aviation, shipping, communications, tourism, cultural affairs, sports, and participation in international organizations, consistent with the national security and other interests of the United States; and
“(3) the United States should actively seek to establish and expand direct bilateral ties and agreements with Macau in economic, trade, financial, monetary, mutual legal assistance, law enforcement, communication, transportation, and other appropriate areas.
“SEC. 203. CONTINUED APPLICATION OF UNITED STATES LAW.“(a)
“(1)
“(2)
“(b)
“(1)
“(2)
“(c)
“(1)
“(2)
“(a)
“(1) significant developments in United States relations with Macau, including any determination made under section 203;
“(2) significant developments related to the change in the exercise of sovereignty over Macau affecting United States interests in Macau or United States relations with Macau and the People's Republic of China;
“(3) the development of democratic institutions in Macau;
“(4) compliance by the Government of the People's Republic of China and the Government of the Republic of Portugal with their obligations under the Joint Declaration; and
“(5) the nature and extent of Macau's participation in multilateral forums.
“(b)
“In this title:
“(1)
“(2)
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